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Background
The appointment of the Commission President and the rest of the Commission
Hearings - Institutions - 10-09-2009 - 16:13
The EP votes on Wednesday on the candidacy of José Manuel Barroso as Commission President. This vote is taking place under the rules of the Nice Treaty, which requires a simple majority of the votes cast by MEPs. Abstentions do not count.
Had the Lisbon Treaty already been in force, the nomination would have to have been approved by an absolute majority of MEPs, in other words at least 369 votes if all 736 MEPs are in office at the moment the vote takes place.
The rest of the Commission (known as the "College") can only be voted upon later. The Council and the President-elect will draw up a list of Members for the new Commission. The committees of the Parliament will arrange hearings for all candidates. After these, the President-elect presents the College and its programme at an EP plenary session and the EP votes on the Commission as a whole.
The following passages are all direct citations from the respective Treaties/Rules.
REF.: 20090910BKG60448
1. Appointment of the Commission President and the College
1.1. Nice Treaty, article 214
The Members of the Commission shall be appointed (...) for a period of five years (...). Their term of office shall be renewable.
The Council, meeting in the composition of Heads of State or Government and acting by a qualified majority, shall nominate the person it intends to appoint as President of the Commission; the nomination shall be approved by the European Parliament.
The Council, acting by a qualified majority and by common accord with the nominee for President, shall adopt the list of the other persons whom it intends to appoint as Members of the Commission, drawn up in accordance with the proposals made by each Member State.
The President and the other Members of the Commission thus nominated shall be subject as a body to a vote of approval by the European Parliament. After approval by the European Parliament, the President and the other Members of the Commission shall be appointed by the Council, acting by a qualified majority.
1.1.1 EP Rules of Procedure
Rule 98: election of the Commission President
Rule 98: election of the Commission President
When the Council has agreed on a nomination for President of the Commission, the President shall request the nominee to make a statement and present his or her political guidelines to Parliament. The statement shall be followed by a debate. The Council shall be invited to take part in the debate.
Parliament shall approve or reject the nomination by a majority of the votes cast. The vote shall be taken by secret ballot.
If the nominee is elected, the President shall inform the Council accordingly, requesting it and the President-elect of the Commission to propose by common accord the nominees for the various posts of Commissioners.
If Parliament does not approve the nomination, the President shall request the Council to nominate a new candidate.
1.1.2 EP Rules of Procedure
Rule 99: election of the Commission College
Rule 99: election of the Commission College
The President shall, after consulting the President-elect of the Commission, request the nominees proposed by the President-elect of the Commission and the Council for the various posts of Commissioners to appear before the appropriate committees according to their prospective fields of responsibility. These hearings shall be held in public.
The appropriate committee or committees shall invite the Commissioner-designate to make a statement and answer questions. The hearings shall be organised in such a way as to enable Commissioners-designate to disclose to Parliament all relevant information. (...)
The President-elect shall present the College of Commissioners and their programme at a sitting of Parliament which the whole Council shall be invited to attend. The statement shall be followed by a debate.
In order to wind up the debate, any political group or at least forty Members may table a motion for a resolution. (...)
Following the vote on the motion for a resolution, Parliament shall elect or reject the Commission by a majority of the votes cast. The vote shall be taken by roll call. Parliament may defer the vote until the next sitting.
The President shall inform the Council of the election or rejection of the Commission.
In the event of a substantial portfolio change during the Commission's term of office, the filling of a vacancy or the appointment of a new Commissioner following the accession of a new Member State, the Commissioners concerned shall be invited to appear before the committees responsible for the areas of responsibility in question (...).
1.2 Lisbon Treaty new art 9D, part 7
Taking into account the elections to the European Parliament and after having held the appropriate consultations, the European Council, acting by a qualified majority, shall propose to the European Parliament a candidate for President of the Commission. This candidate shall be elected by the European Parliament by a majority of its component members.
If he does not obtain the required majority, the European Council, acting by a qualified majority, shall within one month propose a new candidate who shall be elected by the European Parliament following the same procedure.
The Council, by common accord with the President-elect, shall adopt the list of the other persons whom it proposes for appointment as members of the Commission. They shall be selected, on the basis of the suggestions made by Member States (...).
The President, the High Representative of the Union for Foreign Affairs and Security Policy and the other members of the Commission shall be subject as a body to a vote of consent by the European Parliament. On the basis of this consent the Commission shall be appointed by the European Council, acting by a qualified majority.
If he does not obtain the required majority, the European Council, acting by a qualified majority, shall within one month propose a new candidate who shall be elected by the European Parliament following the same procedure.
The Council, by common accord with the President-elect, shall adopt the list of the other persons whom it proposes for appointment as members of the Commission. They shall be selected, on the basis of the suggestions made by Member States (...).
The President, the High Representative of the Union for Foreign Affairs and Security Policy and the other members of the Commission shall be subject as a body to a vote of consent by the European Parliament. On the basis of this consent the Commission shall be appointed by the European Council, acting by a qualified majority.
2. Number of Commissioners
2.1 Nice Treaty amended by enlargement protocol, art 4:
The number of Members of the Commission shall be less than the number of Member States. The Members of the Commission shall be chosen according to a rotation system based on the principle of equality, the implementing arrangements for which shall be adopted by the Council, acting unanimously. The number of Members of the Commission shall be set by the Council, acting unanimously.
2.2 Lisbon Treaty new art 9D, parts 4 and 5
The Commission appointed between the date of entry into force of the Treaty of Lisbon and 31 October 2014 shall consist of one national of each Member State, including its President and the High Representative of the Union for Foreign Affairs and Security Policy who shall be one of its Vice-Presidents.
As from 1 November 2014, the Commission shall consist of a number of members, including its President and the High Representative of the Union for Foreign Affairs and Security Policy, corresponding to two thirds of the number of Member States, unless the European Council, acting unanimously, decides to alter this number.
Every Member State still to have one Commissioner after all
As one of the responses to the concerns of the Irish people the European Council decided in June 2009 that "provided the Treaty of Lisbon enters into force, a decision would be taken, in accordance with the necessary legal procedures, to the effect that the Commission shall continue to include one national of each Member State" (June European Council 2009 conclusions).